A retired judge is reviewing the “policies and practices” of the Alberta police surveillance and surveillance processing.
The review, initiated by the Minister of Justice Mickey Amery, occurs after three recent cases in which the Crown did not pursue criminal cases against the police officers of the Edmonton area, despite the fact that the investigations of the incident response team De Alberta (Asirt) found reasonable reasons that they committed a crime. .
There were no charges against an Edmonton police service agent who kicked an indigenous young man, an EPS officer who fatally shot a man disarmed seconds after meeting him, or St. Albert RCMP officers who stopped to an autistic teenager who confused an adult with an adult after meeting drug user.
The former Court of Appeal of Alberta Judge, Peter Martin, was held for review in November, according to a statement by Heather Jenkins, Amery press secretary. Martin’s appointment was not publicly announced at that time.
His review is underway, Jenkins said. Once finished, the Ministries of Justice and Public Security and Emergency Services will review the Martin report and “will consider the recommendations you make.”
Martin retired last year after serving on Alberta’s upper court for almost 20 years. He also sat on the Queen’s Bench court, now called King’s Bench court, from 1998 to 2005.
It is expected to examine practices in other provinces and, possibly, make suggestions regarding ASIRT and the Prosecutor’s Office of the Alberta Crown (ACPS), and how they interact. The provincial government did not say if the review will be public or when it is expected to end.
The ACPS participates in the review, according to a statement from a spokesman.
Asirt can present positions directly, but the agency has not taken that step after receiving opinions from ACPs that recommend it.
Corona prosecutors use a stricter legal standard than the police guardian dog when it comes to reviewing cases, because they have to weigh if there is a reasonable probability of conviction, with evidence that equals evidence beyond a reasonable doubt .
The review “will carry a lot of weight,” says the lawyer
America first told postmedia last May that it would seek a review of the relationship between Asirt’s investigations and prosecutions.
His comments occurred shortly after the prosecutor guilty homicide.
The officer, identified in a civil lawsuit as const. Alexander Doduk, gave a “problem” version of the events, according to Asirt’s investigation, which concluded that there were no objectively reasonable reasons for the shooting.
The lawyer Tom Engel, who represents the members of Nguyen’s family in the lawsuit, told CBC News that he recently spoke with Martin as president of the Police Committee of the Association of Lawyers of Free Criminals.
The retired judge is highly respected in the legal community, with a considerable experience as a prosecutor before being appointed for the bank, said Engel.
“[The minister] He has designated a very good researcher, one who will have a lot of weight, and would surprise me a lot if the government does not accept Peter Martin’s recommendations, “said Engel.
Engel has hope of changes in the current process, where it is not necessary for the crown to explain the decisions not to process police officers, he said.
Engel pointed out the BC prosecution service, which often launches a document called “Clear Declaration” to present their reasons not to approve charges against the Police.
“This is the important thing about this type of problems that arise in the public … because it creates some political pressure on the government of the time,” he said.
‘Why didn’t you put this on an open court?’
In March 2024, Asirt concluded the charges of illegal confinement and assault should be considered against RCMP officers who, in 2022, handcuffed Ryley Bauman, 16, in a Children’s Park by St. Albert and arrested him in a cell.
The officers said they believed he was intoxicated. In fact, he is autistic and above all nonverbal.
Almost a year earlier, in April 2023, the Police Guardian dog said an EPS officer, identified in separated judicial presentations as const. Ben Todd-Mmos were a “shocking lack of trial” in 2020, when he kicked Pacey Dumas while the 18-year-old knocked down, complying with police instructions.
The crown recommended against the placement of charges in both cases, citing the improbability of the sentence.
Dumas’s lawyer, Heather Steinke-Attia, is looking for a judicial review of the decision not to process the officer, who left his client with serious head injuries.
During a judicial hearing this month, Steinke-Attia argued that Dumas is denied access to justice without explanation.
“What we are trying to do here is to get an answer to Pacey Dumas and his family: why didn’t you put this on an open court?” He said in court.
“The risk to the public is that it sends a very strong message to all other police officers that, in fact, they are immune to prosecution … because even in the most extreme stages, they will not be accused.”
Alberta’s lawyer, Natasha Sutherland, told the Court that the case does not meet the Bar Association to demonstrate a process abuse on behalf of a prosecutor, which requires “incredible evidence.”
